HomeMy WebLinkAboutContracts & Agreements_145-2024WESTERN AUDIO VISUAL
Service Plus
1592 N. BATAVIA ST ORANGE, CA 92687 PHONE: (714) 637-7272 FAX: (714) 637-7330
Owner & Contract Holder:
City of Redlands
Equipment Location:
Council Chambers
35 Cajon Street, Suite #6
Redlands, CA 92373
Contact:
Cheryl Williams
cwilliams@cityofredlands.org
909-798-7535
Billing Address:
35 Cajon Street, Suite #6
Redlands, CA 92373
Billing Terms:
Agreement Premium: $8,200
Effective Date: 7/1/24 — 6/30/25
100% due upon acceptance, NET 30.
1
EXTENDED WARRANTY PLAN
SERVICE PLUS BENEFITS
PROACTIVE PREVENTATIVE MAINTENANCE
VISITS
EMAIL &TELEPHONE RESPONSETIMES
(PRINCIPLE PERIOD OF MAINTENANCE")
TELEPHONE TECHNICAL SUPPORT
(PRINCIPLE PERIOD OF MAINTENANCE"(
ON -SITE TECHNICAL SUPPORT RESPONSES
(PRINCIPLE PERIOD OF MAINTENANCE.")
ON -SITE TECHNICAL SUPPORT RESPONSES
(NON -PRINCIPLE PERIOD OF MAINTENANCE.")
COMPLETE EQUIPMENT REPAIR ANDIOR
REPLACEMENT
GROUND SHIPMENT
EXPEDITED SHIPMENT MANUFACTURER
SOFTWARE
UPDATES/UPGRADES OPTIONAL USER
SYSTEM TRAINING
PRIORITY SERVICE STATUS
MANUFACTURER REPAIR CASE
MANAGEMENT
SYSTEMS OPERATOR
LABOR FOR PROJECTOR LAMP
REPLACEMENT
DISCOUNTED PURCHASE ON PROJECTOR
LAMPS
UP TO FOUR (4) VISITS PER YEAR
RESPONSE WITHIN FOUR (4) HOURS
INCLUDED
12 BUSINESS HOURS
$120 00 PER TECH/HOUR, 3-HOUR MINIMUM,
$180, 00 AFTER HOURS, $240.00 SAT. &SUN,
INCLUDED
INCLUDED
ACTUAL COST
INCLUDED
INCLUDED, TWO (2) SESSIONS
INCLUDED
INCLUDED
$95.00 PER TECH/HOUR
INCLUDED
15% Discount
2
I. COVERAGE
Western Audio Visual, upon the receipt and acceptance of YOUR application, will repair or arrange for the repair of YOUR COVERED
EQUIPMENT as necessary when such repair is due to a MECHANICAL OR ELECTRONIC BREAKDOWN OR FAILURE during the CONTRACT
PERIOD. WAV agreement is subject to the satisfaction of all terms and conditions of this CONTRACT. All repairs and replacements will be
with new or remanufactured parts and components as decided by Western Audio Visual.
II. WHAT IS COVERED
A. Parts Repair/Replacement: All parts for the COVERED EQUIPMENT are covered by this CONTRACT except as excluded by Artide IV of this
CONTRACT.
B. Labor for Repair: All labor for repairs of COVERED EQUIPMENT is covered under this CONTRACT, except as exduded by Article IV of this
CONTRACT.
On -site service hours for this CONTRACT are from 8:00 a.m. to 5:00 p. m. PST Monday through Friday. We will provide on -site labor within 12
hours from the time of the original service call. Work must begin and end within these on -site service hours or telephone support hours,
based on the service being provided. Work, which is performed outside these hours, is billable at $180.00 per hour, door-to-door Monday
through Friday and $240.00 per hour Saturday and Sunday. By entering into this CONTRACT YOU agree to allow US to bill for On -site service
provided outside On -site service hours and Telephone Support provided outsideTelephone support hours at the corresponding rates as shown
in this section. WE will request a purchase order or other form of payment guarantee for these billable services. If no payment guarantee is
forwarded to US within seven days of OUR request, WE will bill YOU for this work without a payment guarantee and YOU agree to pay for these
services without issuance byYOU of a payment guarantee.
C. Transportation of Partsand Equipment: WE wil I pay fortransportation of COVERED EQUIPMENTfrom the EQUIPMENT LOCATION to
OUR shop for repair. WE will pay transportation of equipment from the EQUIPMENT LOCATION or OUR shop to the manufacturer, if
manufacturer repair is required. WE will pay for transportation of parts and components ordered in connection with servicing of the
COVERED EQUIPMENT. Transportation will be provided by OUR staff or by commercial carrier. If shipped by commercial carrier, it will be
shipped for two-day delivery. Expedited delivery is also available, upon request. If YOU wish to have the parts expedited, YOU agree to be
billed for the cost difference between the two-day delivery and the expedited delivery.
D. Preventive Maintenance: This CONTRACT includes four preventive maintenance calls per year. A preventive maintenance call is
defined as a field technician visiting the EQUIPMENT LOCATION to verify proper operation of the COVERED EQUIPMENT, install any factory
provided hardware updates, cleaning the heads of tape decks, returning the equipment controls to the predetermined operating levels,
converging video projectors for previously established input sources, clean filters and optics of projectors, reloading existing system
operating software (if required), and correcting operating conditions that are not within industry standards for operation.
If abnormal operating conditions outside industry standards are noted during a preventive maintenance call and the repair or correction
cannot be accomplished during the preventive maintenance call, another repair call will scheduled to correct the noted condition.
If abnormal operating conditions outside industry standards are noted during a preventive maintenance call and the repair is not covered by
this CONTRACT as noted in Article IV, WE will forward to YOU, either in written form or verbally, a description of the condition and a cost to
repair.
E. Loaner Equipment: If service provided under this CONTRACT cannot bring certain types of equipment to satisfactory operating
condition within four (4) working days, a loaner unit of comparable functionality will be provided at YOUR request. Loaner equipment will be
provided for the following categories of equipment: Video projectors, computer interfaces, and videocassette recorders. Loaner equipment
will only be provided within the limits of OUR non -allocated inventory. Loaner equipment will be provided at no cost to YOU. Loaner
equipment may not be an exact match to your existing equipment and may not be compatible with YOUR mounting systems or
integrated remote control systems or other components of the system. This CONTRACT does not provide for services mounting or
connecting non -compatible loaner equipment to YOUR COVERED EQUIPMENT. Portable systems from OUR inventory shall be considered
acceptable substitutes as loaner equipment. CRT based video projectors, LCD based video projectors, DLP based video projectors and LCD
light valve video projectors shall be considered interchangeable as loaner equipment. YOU agree to be liable forthe repair or replacement cost
of the loaner unit due to loss or damage while the loaner equipment is in YOUR possession.
III. YOUR OBLIGATIONS DURING THE CONTRACT
A. Equipment Maintenance and Alteration: YOU must provide US with unrestricted access to the COVERED EQUIPMENTfor scheduled
preventive maintenance visits. YOU may not alter the wiring interconnections of COVERED EQUIPMENT. YOU may not aRer or modify the
COVERED EQUIPMENT. YOU may not alter, repair or modify the COVERED EQUIPMENT except as expressly directed by OUR service
personnel. YOU must operate the equipment as detailed in the user operations manual provided by the manufacturer with the COVERED
EQUIPMENT. YOU may not add equipment, components,wiring or other partstothe COVERED EQUIPMENTwithoutwritten notification to and
acceptance by US.
B. In the Event of the Failure of a Covered Component:
1. YOU must call us at 866-346-9283 or 714-637-7272. YOU must provide US with the Service Contract Number or the model of the
equipment in need of service and the nature of the problem.
2. YOU must give US access to all COVERED EQUIPMENT at a time within the followi ng 24 hours that is mutually agreeable to both YOU and
US and is during OUR on -site service hours. If such a time cannot be mutually agreed upon, WE will schedule a service call to YOUR
EQUIPMENT LOCATION at the first available time beyond the 24 hour period during the on -site service hours.
3. YOU must allow US complete and unrestricted access to the COVERED EQUIPMENT during OUR service call for a length of time as
required to repairthe COVERED EQUIPMENT. YOU must allocate enough timewiththeCOVERED EQU I PMENTtotroubleshoot, diagnose, and
repair the COVERED EQUIPMENT.
IV. WHAT IS NOT COVERED
A. Parts other than the COVERED EQUIPMENT; projection screens and projection screen control devices; knobs; lamps; bulbs; trim; trim
parts; cabinetry; cathode ray tubes (CRT's); ILA optical units, DMD optical units; DLPNLCD optical units; LCD/Plasma screen panels; or
batteries. Such parts will be provided to YOU at a 15% discount from OUR published price;
B. Failure due to or caused by fire, failure as a result of utility services, failure as a result of poor, unconditioned or fluctuating electrical
power, or natural and environmental causes such as earthquake, tornado, lightning, corrosion, flood, or other acts of God, or other causes
beyond OUR reasonablecontrol.
C. Failure caused by abuse, misuse, or negligence, or previously installed or used equipment which is not in good operating condition;
D. Any actual, consequential or incidental damages incurred or suffered by YOU, directly or indirectly, or for economic loss, including, but
not iim Red to inconvenience, loss of profits, loss of business revenue, loss of time, loss of equipment use, or any othereconomic loss of any kind
whatsoever, even Western has been advised of the possibility thereof;
E. Service required to diagnose YOUR complaint, failure or perceived failure if no mechanical or electrical failure was found, or was due to
YOUR inability to properly operate the COVERED EQUIPMENT;
F. Video projector convergence problems caused by normal electronic fluctuations which occur between scheduled preventive
maintenance;
G. Control system or other software programming changes to facilitate control functions not available at the commencement of the
CONTRACT.
H. Failures or faults caused by structural, mechanical, electrical, or plumbing systems or devices not installed by US and not specifically
covered underthis CONTRACT.
i. Inability of the Covered Equipment, due to the manufacturing design of a product or products or the integration of the system, to perform
in a manner other than for what it was designed.
K. Convergence of video to a multisynchronus display device (i.e., video projector, video monitor, etc.) other than those that were
converged for at the start of the CONTRACT. Refer to the schedule of converged sources at theend of this contract for covered convergences,
L. Any condition that existed prior to the start date of this CONTRACTthat would have been obvious during a pre -inspection of the Covered
Equipment.
M. Repairs prohibited by statute, governmental regulation, or any other law.
0. Videoconferencingequipment&softwarewarranties&upgrades(Polycom,Tandberg,Lifesize,Cisco,etc.)
P. Owner furnished equipment
V. TRANSFER OF CONTRACT
This CONTRACT may not be transferred to any other party without the express written consent of Western Audio Usual and the payment of a
transfer fee equal to not less than ten percent (10%) of the premium amount. Western Audio Visual may, at its sole discretion choose to accept
thetransferortoterminatetheCONTRACT.
VI. COMMENCEMENT, EXPIRATION, RENEWAL & CANCELLATION
OF CONTRACT
A. On or before thirty (30)days following the start date of the CONTRACT:
1. YOU may cancel this CONTRACT and receive refund of the full premium if no benefits have been received or if no service calls or
telephone support has been provided to YOU by US.
2. If benefits have been received or if service calls or telephone support has been provided by US, YOU may cancel this CONTRACT for a
refund less the cost of the service performed, based on OUR published rate schedule.
B. After thirty (30) days following the start date of the CONTRACT, YOU may cancel this CONTRACT. The refund shall be a proration based
upon the time expired on the CONTRACT calculated to the start of the month following the notice of cancellation. All cancellations after
thirty (30) days are subject to a cancellation fee of ten percent (10%) of the refund amount. To cancel this CONTRACT, YOU must submit a
notice of cancellation in writing and return the complete CONTRACTto US. WE will then issue a check forihe refund amount.
C. If the COVERED EQUIPMENT is not new and was not provided, installed or serviced by US, WE reserve the right to inspect the equipment
within thirty (30) days of the commencement of this CONTRACT to determine if WE wish to provide the services covered in this CONTRACT. If
WE determine that the equipment is not operating correctly, properly, or requires service to bring the equipment to good operating
condition, WE will forward an estimate to YOU regarding the cost of such service. This service is not covered by this CONTRACT. If YOU
decline to have US perform the work required to bring the COVERED EQUIPMENT up to good operating condition within fourteen (14) days of
the date of the estimate, WE may, at OUR sole option, refund the full amount of the premium and cancel this CONTRACT.
D. WE may cancel this CONTRACT at any time for non-payment of the premium or if YOU do not meet YOUR obligations underArticle III. If
YOU do not meet YOUR obligations under Article Ill or do not pay the premium within thirty (30) days of OUR invoice, WE have the right to
cancel this CONTRACT upon forwarding written notice to YOU. In the event of cancellation due to non-payment, YOU agree to be liable for the
full cost of services and parts provided to YOU at the rates published in OUR most current rate schedule. In the event that YOU do not meet
YOUR obligations underArticle Ill, we will provide a portioned refund based on the time expired on the CONTRACT.
E. The CONTRACT shall commence upon the receipt of a purchase order or other acceptable payment guarantee, or on the date identified
on the first page of this CONTRACT, whichever is later. No CONTRACT on the COVERED EQUIPMENT work may be performed prior to the
commencement of the CONTRACT
F. TheCONTRACTshall renew365 daysafterthedate of commencement. Repairwork on theCOVERED EQUIPMENTwhichwas begun prior
to the expiration of the CONTRACTshall be completed by US.
G. This CONTRACTshall automatically renew. EitherYOU orWE may decline to enter into a new contract.
VII. DEFINITIONS
Thewords fisted below havethe following meanings in this CONTRACT
COVERED EQUIPMENT
Meanstheequipmentforwhich WE will provide service, as
listed on the first page of this CONTRACT.
CONTRACT
Means this Service CONTRACT which specifies, among other things,
YOURCoverage, the CONTRACTPE IOD, theCovered Equipment.
YOU, YOUR(S)
City of Redlands
ELECTRONIC OR MECHANICAL FAILURE AND BREAKDOWN
Means the inability of a property maintained and operated piece of
COVERED EQUIPMENT toperform the function(s) forwhich it was
designed, due solely to defects in material or faulty workmanship.
Without limitation, EiectronicorMechanical Breakdown and Failure
does not include damage due to negligence, caused by accident or
the gradual reduction in performance due to wearand tear.
CONTRACT PERIOD
Means the period which begins on the date shown on page one of
this agreement, or the receipt by us of an acceptable payment
guarantee and ends on the expiration of the time limitation as set
forthinthisCONTRACT
WE, US, OUR(S)
Means V stem Audio Visual
This CONTRACT is not a manufacturer's warranty or an extension of a manufacturer's warranty. This Service CONTRACT may provide duplicate
coverage while manufacturer's warranties are in force. This CONTRACT is not an express, implied or general warranty and is not a condition of
the purchase of the COVERED EQUIPMENT.
Covered Equipment
Council Chambers - Audio Visual System
ACCEPTED FOR We m Audio Visual
Signet o :jU (U �ti Signature:
�� Q�
Title: n 4-7 YVI�r.. c/ Title:(Rebecca Martinez) Sere Coordinator
-7`?9 -X-- (r Date:
Date:
ATTEST:
Donaldson, City Clerk